Posts by A. J. Johnson

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HUD Publishes Draft VAWA Notices, August 1, 2017

HUD published a “60-Day Notice of Proposed Information Collection: Implementation of the Violence Against Women Reauthorization Act of 2013,” in the August 1, 2017 Federal Register.   This notice provides four draft documents associated with VAWA, (1) form HUD 5380,…

Owner and Agent Responsibilities When Using Consumer Reports

Owner and Agent Responsibilities When Using Consumer Reports Property owners who use background checks to screen potential residents must comply with the Fair Credit Reporting Act (FCRA) and the Federal Trade Commissions (FTC) Disposal Rule. Any report that contains information…

Zero Income Households – Steps Recommended for Management

Zero income households are an area of both concern and irritation for affordable housing managers (such households can only exist in units that receive rental assistance). Applicants or existing households sometimes claim to have no income from any source. When…

Building a Case Against Unauthorized Occupants

Dealing with unauthorized occupants is a troublesome issue for many affordable housing managers, but due to the requirements of affordable housing programs such as Section 8 and the Low-Income Housing Tax Credit (LIHTC), knowing who is living in a unit…

Fees for Assistance Animals – Settlement Agreement, June 2017

On June 9, 2017, HUD entered approved a settlement agreement between a Nevada fair housing organization and the owner and manager of four apartment complexes in Reno, NV. The agreement settles allegations of housing discrimination against disabled residents with assistance…

Equal Access to Housing for HUD Assisted Housing Projects

Equal Access to Housing for HUD Assisted Housing Projects As many managers of HUD-Assisted properties already know, HUD prohibits discrimination against individuals based on their gender identity. HUD published a final rule entitled “Equal Access in Accordance with an Individual’s…

Effect of White House Budget on HUD Programs

On May 23, 2017, the President released its 2018 Budget Proposal, which includes a 13% ($6.2 billion) cut in HUD funding. HUD’s largest single expense item, the Housing Choice Voucher, is maintained at its current level, but only be increasing…

Information Contained on Legitimate Pay Stubs

We are now working in an environment where just about anything can be obtained or created online, including fake pay stubs. We all recognize that pay stubs are the primary form of verification for employment income. However, I’ve been noticing…

Status of Tax Reform – April 2017

For those of us who are heavily involved in the Low-Income Housing Tax Credit (LIHTC) Program, the future of tax reform is not just a casual interest. The survival of the Section 42 Program is by no means assured in…

Liability Under the Fair Housing Act

In many of my fair housing classes, the question often arises as to who is liable for a violation of fair housing law. The question is asked both my managers (who wonder if they can be held personally liable) and…

Problem with the 2017 MTSP Income Limits

On April 14, 2017, HUD published the 2017 income limits for HUD programs as well as for the Low-Income Housing Tax Credit and Tax-Exempt Bond programs. The limits for the LIHTC and Bond projects are published separately from the limits…

HUD Publishes 2017 Income Limits

On April 14, 2017, HUD published the 2017 income limits for HUD programs as well as for the Low-Income Housing Tax Credit and Tax-Exempt Bond programs. The limits for the LIHTC and Bond projects are published separately from the limits…

Proposed Changes to LIHTC Program

On July 14, 2016, the “Affordable Housing Credit Improvement Act of 2016” was introduced in the Senate by Senators Cantwell, Hatch, and Wyden. It would make a number of changes to the Low-Income Housing Tax Credit (LIHTC) program, including (1)…

National Origin – Still a Protected Class

Despite all the hyperbolic language regarding Muslim bans swamping the airways and newspapers, individuals are still protected from housing discrimination on the basis of their national origin. Recent efforts by the new administration to control entry into the United States…

Recognizing Drug Operations in Apartment Communities

Train Management Staff to Recognize Drug Operations   The manufacture of methamphetamines in apartment communities if becoming more common each year. Makeshift meth labs are discovered with increasing frequency in apartment communities, and the residual effects on the property can…

FY 2018 Presidential Budget Proposals for HUD

FY 2018 Presidential Budget Proposals for HUD   The new President has presented his preliminary budget numbers to Congress and if accepted as final numbers, many HUD programs will be devastated as the result of a $6 billion cut. Following…

Small Area Fair Market Rents (SAFMRs)

Small Area Fair Market Rents (SAFMRs)   HUD publishes fair market rents for all areas of the nation. Public Housing Agencies (PHAs) use fair market rents as a guideline when determining payment standards for the Housing Choice Voucher (HCV) program.…

Owner Verification Procedures When Noncitizens Claim VAWA Protection

Verification Procedures When Noncitizens Claim VAWA Protection   On December 15, 2016, HUD issued a General Counsel Memo. This memo relates to noncitizen “self-petitioner” procedures under the Violence Against Women Act (VAWA), and applies to public housing, Housing Choice Vouchers…

Determining the Income of Independent Contractors

Determining the Income of Independent Contractors   It is becoming more and more common for managers of affordable housing to have to verify the income of “gig” workers. Sometimes called “giggers,” these are people who work out flexible work arrangements…

VAWA Deadline Reminders

VAWA Deadline Reminders   As I noted in a prior client memo, HUD has released four Model forms for use on HUD properties to ensure compliance with requirements of the Violence Against Women Act (VAWA). These model forms are Appendix…
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